[Ord. No. 2005-90 § 1]
To prohibit the spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
(MS4) operated by the Township of Lakewood, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
[Ord. No. 2005-90 § 2]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Township of Lakewood or other public body, and
is designed and used for collecting and conveying stormwater. MS4's
do not include combined sewer systems, which are sewer systems that
are designed to carry sanitary sewage at all times and to collect
and transport stormwater from streets and other sources.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2005-90 § 3; Ord. No. 2012-2 § 1]
a. The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Township
of Lakewood is prohibited.
b. The spilling, dumping, or disposal of materials other than stormwater
in such a manner as to cause the discharge of pollutants to the municipal
separate storm sewer system is also prohibited.
c. Pumping sub-surface water from basement or crawl spaces in buildings
including, but not limited to, foundation drains, interior sump pumps
etc., onto the street, sidewalk, public way, etc., shall be prohibited.
All such drainage waters shall be dispersed as per the current National
Standard Plumbing Code figure 12.1.5A. Such discharge of water shall
not pose a nuisance to neighboring properties. All violations and
penalties incurred shall be the responsibility of the owner of said
property as per the Uniform Construction Code.
[Ord. No. 2005-4 § 4; Ord. No. 2012-2 § 2]
a. Water line flushing and discharges from potable water sources.
b. Air-conditioning condensate (excluding contact and non-contact cooling
water).
c. Irrigation water (including landscape and lawn watering runoff).
d. Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
e. Residential car washing water, and residential swimming pool discharges.
f. Sidewalk, driveway and street wash water.
g. Flows from firefighting activities.
h. Flows from rinsing of the following equipment with clean water:
1. Beach maintenance equipment immediately following their use for their
intended purposes; and
2. Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded.
Rinsing equipment, as noted in the above situation, is limited
to exterior, undercarriage and exposed parts and does not apply to
engines or other enclosed machinery.
[Ord. No. 2005-90 § 5]
This ordinance shall be enforced by the Code Enforcement Officer
and/or the Police Department of the Township of Lakewood.
[Ord. No. 2005-90 § 6]
Any person(s) who continues to be in violation of the provisions
of this section, after being duly notified, shall be subject to a
fine not to exceed $1,000 and/or incarceration in the County jail
for up to 90 days for each and every violation.
[Ord. No. 2005-91 § 1]
To prohibit illicit connections to the municipal separate storm
sewer system(s) operated by the Township of Lakewood, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. No. 2005-91 § 2]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household
operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges
domestic sewage, noncontact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Township of Lakewood, unless that
discharge is authorized under a NJPDES permit other than the Tier
A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852).
Nonphysical connections may include, but are not limited to, leaks,
flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or
(c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Township of Lakewood or other public body, and
is designed and used for collecting and conveying stormwater. MS4's
do not include combined sewer systems, which are sewer systems that
are designed to carry sanitary sewage at all times and to collect
and transport stormwater from streets and other sources.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NONCONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Noncontact cooling water may, however, contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2005-91 § 3]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Township of Lakewood any domestic sewage, noncontact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Ord. No. 2005-91 § 4]
This chapter shall be enforced by the Code Enforcement Officer
and/or the Police Department of the Township of Lakewood.
[Ord. No. 2005-91 § 6]
Any person(s) who continues to be in violation of the provisions
of this ordinance, after being duly notified, shall be subject to
a fine not to exceed $1,000 and/or incarceration in the County jail
for up to 90 days for each and every violation.
[Ord. No. 2010-42]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by Lakewood
Township so as to protect public health, safety and welfare, and to
prescribe penalties for the failure to comply.
[Ord. No. 2010-42]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by Lakewood Township or other public body, and is designed
and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2010-42]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
a. Already meets the design standard below to control passage of solid
and floatable materials; or
b. Is retrofitted or replaced to meet the standard in subsection
32-3.4 below prior to the completion of the project.
[Ord. No. 2010-42]
Storm drain inlets identified in subsection
32-3.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection
32-3.4c below.
a. Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate.
1. The New Jersey Department of Transportation (NJDOT) bicycle safe
grade, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2. A different grate, if each individual clear space in that grate has
an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of the
combination inlets, grates on storm sewer manholes, ditch grates,
trench grates, and grates of spacer bars in slotted drains. Examples
of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater basin floors.
b. Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven (7.0) square inches, or be no greater than two (2.0) inches
across the smallest dimension.
c. This standard does not apply:
1. Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2. Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
(a)
A rectangular space four and five-eighths (4 5/8) inches
long and one and one-half (1 1/2) inches wide (this option does
not apply for outfall netting facilities); or
(b)
A bar screen having a bar spacing of 0.5 inches.
3. Where flows are conveyed through a trash rack that has parallel bars
with one inch spacing between the bars; or
4. Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 2010-42]
This section shall be enforced by Lakewood Township.
[Ord. No. 2010-42]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed a fine up
to $500 per offense for each storm drain inlet that is not retrofitted
to meet the design standard.
[Ord. No. 2010-43; Ord. No. 2010-59]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Lakewood Township and/or the waters of the State so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. No. 2010-43; Ord. No. 2010-59]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by Lakewood Township or other public body, and is designed
and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2010-43; Ord. No. 2010-59]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
storm sewer system(s) operated by the Township of Lakewood.
[Ord. No. 2010-43; Ord. No. 2010-59]
a. Permitted temporary demolition containers.
b. Litter receptacles (other than dumpsters or other bulk containers).
c. Individual homeowner trash and recycling containers.
d. Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e. Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. No. 2010-43; Ord. No. 2010-59]
This section shall be enforced by Lakewood Township.
[Ord. No. 2010-43; Ord. No. 2010-59]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed up to $500
per offense plus court costs.
[Added 5-16-2024 by Ord.
No. 2024-014]
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater. This section
establishes requirements for the storage of salt and other solid de-icing
materials on properties not owned or operated by the municipality
(privately-owned), including residences, in Lakewood Township to protect
the environment, public health, safety and welfare, and to prescribe
penalties for failure to comply.
[Added 5-16-2024 by Ord.
No. 2024-014]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
DE-ICING MATERIALS
Means any granular or solid material such as melting salt
or any other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
Means a permanent building or permanent structure that is
anchored to a permanent foundation with an impermeable floor, and
that is completely roofed and walled (new structures require a door
or other means of sealing the access way from wind driven rainfall).
A fabric frame structure is a permanent structure if it meets
the following specifications:
a.
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
b.
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak:
c.
The structure shall be erected on an impermeable slab:
d.
The structure cannot be open sided; and
e.
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
PERSON
Means any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
RESIDENT
A person who resides on a residential property where de-icing
material is stored.
[Added 5-16-2024 by Ord.
No. 2024-014]
a. Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15th and April 15th:
1. Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through:
2. Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
3. Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
4. Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used;
5. Containers must be sealed when not in use; and
6. The site shall be free of all de-icing materials between April 16th
and October 14th.
b. De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 - April 15.
c. All such temporary and/or permanent structures must also comply with
all other Lakewood Township ordinances, including building and zoning
regulations.
d. The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this ordinance are met. Inspection records shall be kept on site
and made available to the municipality upon request.
1. Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
[Added 5-16-2024 by Ord.
No. 2024-014]
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection
32-5.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
[Added 5-16-2024 by Ord.
No. 2024-014]
This section shall be enforced by the Lakewood Township Code
Enforcement offices during the course of ordinary enforcement duties.